For the collection of debts over $1000

Solicitors professional fees incurred on the issue of most legal proceedings

How We Operate

Unless otherwise instructed by you, upon receipt of your account for collection, we will immediately issue a letter of demand to your debtor, for payment within seven (7) days.

Where we consider it beneficial to make direct contact with your debtor, in order to emphasise the urgency of the situation and entice payment, then we will do so by telephone or in person. We find this personal touch will often produce positive results, which would otherwise not be obtained in the early stages of collection.

Automatically upon expiry of the letter of demand, where no payment has been received or negotiated with your debtor and after conducting any necessary business name or Company searches, your acceptance of the terms of this proposal via our Debt Collection Instruction Sheet, authorise us to immediately engage Solicitors on your behalf, to prepare and file a Summons into Court for issue and prompt service on your debtor.

Wherever possible, we will add interest to the amount owed to you. This will either occur as a result of the terms of your contract with the debtor, or in the absence of such terms, the Courts allow interest (currently 7.0% p.a before Judgment and 9.0% p.a after Judgment) to accrue on any debt of $1,000.00 or more, from the date it fell due until the date it is eventually paid.

Remember that should we be able to add sufficient interest to your claim, this will often recover more for you than the amount of our commission. This means your debt will be collected for free.

Once your Summons is issued by the Court, we will quickly attend to service, noting at that time any apparent assets, details of employment or other means of recovering your debt, and when possible, once again taking this opportunity to seek payment.

Of course, should you wish to immediately issue a Summons and waive the letter of demand, then these instructions will be efficiently carried out on your behalf.

In the absence of any satisfactory response within the statutory 28 days after service of the Summons, on your behalf we will further instruct Solicitors to file for Judgement to be granted by the Court in your favour, include any accrued interest and concurrently issue and pursue all possible and appropriate enforcement proceedings that we consider viable to maximise recovery of your debt, via the Court system in the shortest possible time.

Where the debtor makes a payment direct to you after the account is provided for collection, you must immediately advise us of this payment to avoid the possibility of unnecessary further costs being incurred.

Naturally, our funding of disbursements does not extend to actions in the Supreme or Federal Court jurisdictions, nor beyond the point of a matter becoming formally disputed and therefore requiring the intervention of solicitors to act directly on your behalf, until verdict or settlement is obtained in your favour, at which point we will re-activate collection of the debt or account to you for our costs on monies recovered.

Should you withdraw an account from collection (which includes failing to provide your instructions for the further prosecution or recovery of your debt(s) within 30 days of our written request for you to do so), we will be entitled to charge you commission (at the full rate set out under the below “Costs” section of this proposal) as a measure of our liquidated damages on the full debt and any accrued interest.

Costs

Costs payable by you are limited to those disbursements actually incurred by us in lodging business name or Company searches, the filing, service or re-service at a new address of your Court documents, our attendance at an Examination or Instalment Order Hearing, or time actually spent in location of your debtors, should they vacate their address. These costs only come into existence should legal action be necessary.

Solicitors professional fees at the scale set by the Court are added to the amount claimed from your debtor on the issue from court of most legal process. Your debtor is liable for the full payment of these fees. In New South Wales we fund these fees on your behalf and then deduct them from the first payments(s) recovered from your debtor. They are only ever payable by you should you withdraw an account from collection.

All court filing fees and the first court recoverable service fee as reimbursed by you, are added to the amount claimed and are legally recoverable from your debtor. They are fully reimbursed to you after the collection of any Solicitors professional fees as referred to in the preceding paragraph.

Once your debt is received by us, a commission is charged on all monies recovered (or compromise, contra arrangement, return of goods, where instructions are withdrawn by you or in the event the debt is defended and then paid) against the original debt and any interest we have since been able to accrue on your behalf. Our commission rate charged is based on the number and size of your debt(s) and whether you hold an ABN number. Contact us to get more information and confirm how much your commission charge may be.

No commission is payable on the collection of Solicitors professional fees.

No commission is payable on the collection of your recoverable Court filing fees, service fees or other disbursements.